Summer Budget 2015 – Landlords Reactions

Summer Budget 2015 – Landlords Reactions

14:00 PM, 8th July 2015, About 10 years ago 9619

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Budget 2015 - Landlords Reactions

The concern is;

Budget proposals to “restrict finance cost relief to individual landlords”Summer Budget 2015 - Landlords Reactions

To calculate the impact of this policy on your personal finances download this software


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BTL INVESTOR SCOTLAND

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12:46 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "Barry Fitzpatrick" at "01/09/2015 - 11:30":

Barry the NLA 16 page report published in August contains a number of facts and figures that help show the impact. It contains information on the number of landlords likely to be affected. I posted details on the Forum last week.

Barry Fitzpatrick

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13:25 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "BTL INVESTOR SCOTLAND" at "01/09/2015 - 12:46":

@BTL IS

I am struggling to find the reference can you point me to the page it's on please?

BTL INVESTOR SCOTLAND

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13:53 PM, 1st September 2015, About 9 years ago

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14:04 PM, 1st September 2015, About 9 years ago

neil patterson suggested I copy this here, rather than start a new discussion. Comments, please?

In an MP's reply to one of our letters about the changes to treatment of finance in the Summer Budget, a mention was made of Incorporation Relief. This appears to say that, where you exchange the assets of a sole trader business entirely for shares in a limited company, the CGT is not realised at that point but rolled over until the shares are disposed of. I don't know enough about the subject to cheer too loudly, but might this mean that we can move our property into a company structure without the CGT hit? Now all we need is for lenders to allow mortgages to be ported from the personal mortgagor to the company and we are pretty much home and dry, other than for the Stamp Duty on dearer properties.

https://www.gov.uk/incorporation-relief is HMRC's information on it.

Dr Rosalind Beck

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14:08 PM, 1st September 2015, About 9 years ago

Unfortunately, Martin and Co have now backtracked and are trying to minimise the significance of the tax grab/turnover tax. They quote surveys showing many landlords intend to retain and even expand their portfolio. I think perhaps these are the landlords who haven't twigged what's going on yet, if they're relying on mortgages - as who in their right mind would take out a buy-to-let mortgage now, and risk paying out on a loss especially when interest rates rise?

http://www.martinco.com/news/2015/09/01/are-landlords-really-rushing-to-get-out-of-the-buy-to-let-market/#.VeV0uPlViko?utm_source=BriefYourMarket&utm_medium=Newsletter%2c+Email&utm_term=&utm_content=Letting+you+know%3a+What+next+for+buy-to-let%3f%2c+The+Property+Franchise+Group+exhibits+for+the+first+time%2c+and+Hazel+de+Kloe&utm_campaign=Instance%3a+martincomainv2.briefyourmarket.com+-+MessageId%3a+109

Dr Rosalind Beck

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14:12 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "Jerry Jones" at "01/09/2015 - 14:04":

Hi Jerry.
My understanding is that if you move more than 6 properties into a limited company you pay 4% stamp duty. For me, that would mean about a £160,000 hit - just for a stupid paper exercise that benefits no-one apart from the Exchequer. Also, considering GO was seriously considering implementing the same tax grab to limited companies in 2010 I see this kind of move as a big gamble - in this new economic and political landscape where even 'bonkers taxes' can be introduced.

Simon Lever - Chartered Accountant helping clients get the best returns from their properties

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14:23 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "Jerry Jones" at "01/09/2015 - 14:04":

Hi Jerry

Just shows the MP's have not got a clue!

From the HMRC link:

"Eligibility

To qualify for Incorporation Relief, you must:

be a sole trader or in a business partnership
transfer the business and all its assets (except cash) in return for shares in the company"

Unfortunately letting property as an individual is not a business and therefore does not qualify for Incorporation Relief.

That is why the the case of Elizabeth Moyne Ramsey v HMRC [2013] UKUT 266 TC is so important.

If you are in a partnership then you can also have the possibility of not paying SDLT as well but this is not possible as a sole landlord.

BTL INVESTOR SCOTLAND

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14:25 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "Ros ." at "01/09/2015 - 14:08":

Ros

Good example of a letting agent trying to protect their own business interests - they clearly won't want landlords selling up.

Many of the property gurus are also still keeping a low profile as they want people to sign up for their training.

Barry Fitzpatrick

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14:26 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "BTL INVESTOR SCOTLAND" at "01/09/2015 - 13:53":

@BTL IS

Cheers

Dr Monty Drawbridge

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14:32 PM, 1st September 2015, About 9 years ago

Reply to the comment left by "Jerry Jones" at "01/09/2015 - 14:04":

Hi Jerry - incorporation relief is limited to landlords who qualify as businesses. It's not very clear what counts but there is some guidance in the recent Ramsay vs HMRC case. It would be risky not to apply for prior consent from HMRC.

I think I would have a chance of qualifying (I gained planning on the properties, built them, fully manage them) but as with Ros the SDLT would still be a significant obstacle for what is essentially an administrative change of no value to anyone (other than cash grab). Obviously the SDLT could be offset against income in the LTD co, which reduces its impact a little.

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